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Image: Melanie R Rupert

Melanie R Rupert

Partner, Litigation Department
New York
200 Park Avenue
New York, NY
10166
United States

Fax: 1(212) 230-7846

Overview

Melanie R. Rupert is a partner in the Life Sciences IP practice in the New York office of Paul Hastings and the global co-chair of Talent Development. Ms. Rupert's practice focuses on patent litigation matters, with an emphasis on the biotechnology, pharmaceutical, and medical device industries.

Accolades and Recognitions

  • Named as one of the "Top 250 Women in IP" by Managing Intellectual Property

  • Recognized as a "New York Metro Rising Star" in Intellectual Property Litigation in the four most recent editions of Super Lawyers

  • Recipient of the Paul Grossman Award in 2013, which is awarded to one Paul Hastings partner annually for excellence in training, mentoring, and guiding the professional development of associates

Education

  • New York University School of Law, J.D., 2001

  • Cornell University, B.S. in Biological Sciences, Concentration in Molecular & Cell Biology, 1998 (Howard Hughes Undergraduate Scholar)

Speaking Engagements

Ms. Rupert frequently speaks and writes about current patent issues. Recent representative publications and engagements include:

  • Panelist, "Tips and Tactics for Protecting Life Sciences Innovations in the Current Legal Climate," American Bar Association's Landslide Webinar (August 22, 2017)

  • Panelist, "Year in Review: 2016-2017 Updates in Hatch-Waxman Law," ACI's Women Leaders in Life Sciences Law (July 20, 2017)

  • M. Rupert, "Managing the Complexities of Hatch-Waxman Pharmaceutical Litigation" in "Behind the Minds: Recent Trends in Patent Infringement Lawsuits" (Book Chapter, March 2014)

Involvement

  • Member of the Board of Directors and pro bono counsel to the Little Baby Face Foundation, a 501(c)(3) charitable organization that provides reconstructive surgeries by top surgeons to children in financial need who are born with congenital facial deformities

  • Past member of the New York Intellectual Property Association and the New York City Bar Association, Patents Committee

  • Member of the State Bar of New York, the United States Court of Appeals for the Federal Circuit, the United States District Courts for the Southern and Eastern Districts of New York, the Eastern District of Michigan, and the Eastern District of Wisconsin

Recent Representations

Significant recent representative matters include:

  • Served as trial counsel for Galderma Laboratories, Inc. and Supernus Pharmaceuticals, Inc. in a patent infringement case involving Oracea® (doxycycline), where the clients' longest-running patent was successfully upheld following a bench trial and on appeal (per curium )

  • Defended Covidien Inc., a leading medical device manufacturer, against claims of patent infringement related to its cuffed endotracheal tubes, including successfully opposing a preliminary injunction

Represented numerous pharmaceutical companies in defending their patents on multi-billion and multi-million dollar drug products, including:

  • Eisai Inc. in a patent infringement case involving Belviq® (lorcaserin), an oral treatment for chronic weight management

  • Teijin Pharma Limited in a patent infringement case involving Uloric® (febuxostat), an oral treatment to lower blood uric acid levels

  • Salix Pharmaceuticals & Valeant Pharmaceuticals Inc. in a patent infringement case involving Giazo® (balsalazide), used in the treatment of ulcerative colitis

  • Eisai Inc. in a patent infringement case involving Targretin® (bexarotene), an oral treatment for cutaneous T-cell lymphoma

  • Amgen Inc. in a patent infringement case involving modified growth colony stimulating factor ("G-CSF") in the treatment of neutropenia

  • Shire LLC and Supernus Pharmaceuticals, Inc. in a patent infringement case involving Intuniv® (extended-release guanfacine), a non-stimulant treatment for attention deficient hyperactivity disorder (ADHD)

  • Forest Laboratories, Inc. and Merz Pharmaceuticals GmbH in patent infringement cases involving Namenda® (memantine), a NMDA-antagonist used in the treatment of Alzheimer's disease

  • Forest Laboratories, Inc. and H. Lundbeck A/S in patent infringement cases involving Lexapro® (escitalopram) and Celexa® (citalopram), SSRIs used in the treatment of depression and anxiety

Practice Areas

Litigation
Patent Office
Patent Litigation
Intellectual Property
Life Sciences and Healthcare

Languages

anglais

Admissions

New York Bar

Education

New York University School of Law, J.D. 2001
Cornell University, B.S. 1998

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